galaries. other additional clerk at a salary of twelve hundred dollars, and one draftem u; their CHAP. XXXIX-An Act supplementary to an act making appropriations for certain floating de ences, approved January ninth, eighteen hundred and sixty-two. 186', Jan. 14. Enlistment of ad special service on the western The Congress of the Confederate States of America do enact, That the President be, and he is hereby, authorized to raise a corps for the tem- men fr temporary porary and special service on the Western waters, to cause to be enlisted a number of men not exceeding six thousand, and of such commissioned waters. and non-commissioned officers, and of such rank, either naval or military, as the President may deem necessary, who shall severally receive such pay and allowances as he may determine. APPROVED January 14, 1862. Number. Othcers. Rank. Pay and allow ances. CHAP. XL-An Act to authorize the Secretary of War to audit and settle the claims of 1862. Jan. 15. ce, tuin office. the. ein named. to audit the claims The Congress of the Confederate States of America do enact, That 8 cretary of War the Secretary of War be, and he is hereby, authorized to audit and settle of as-is ant quarthe claims of all assistant quartermasters general, commissaries general termasters general, and surgeons, who discharged the duties of said offices, from the date of commissaries general and surgeons, the transfer of the battalions or regiments to which they were attached to for a certain riod the time of the appointment of their successors by the Confederate Government: Provided, Said officers held commissions from their respective States and discharged the duties of said offices under said commissions, and no other officers, during the time, were appointed or discharged the their res ective duties of the same. Provis, That zait thcers held commissions from Etates. APPROVED January 15, 1862. CHAP. X I.-An Act to make the appointment of Assistant Secretaries of Sate, of the 1862, Jan. 16. secretaries made The Congress of the Confederate States of America do enact, That The appointment hereafter the appointment of Assistant Secretary of State, Assistant Secre- of certain assistant tary of the Treasury, and Assistant Secretary of War, shall be made by executive appointthe President, by and with the advice and consent of Cong ess. SEC. 2. All conflicting laws are hereby repealed. APPROVED January 16, 1862. ments. CHAP. XLII-An Act to authorize the Secretary of the Navy to give a bounty to all per- 1862, Jan. 16, sons enlisted as seamen who enlist for three years or for the war. The Congress of the Confederate States of America do enact, That Bounty to seathe Secretary of the Navy is hereby authorized to give a bounty of fifty men enlisted for three years or for dollars to all persons enlisted as seamen, who shall enlist for three years or the way. for the war. And the provisions of this act shall, in like manner, extend Seamen already to all seamen heretofore enlisted who will extend the term of their enlistenlisted who will ment to three years or for the war, said bounty to be paid at the time of extend the term, to Isaid enlistment. have the benefit of this provision. APPROVED January 16, 1862. 1862, Jan. 16. President may point officers of the regular navy CHAP. XLIII.-An Act supplementary to an act entitled “An act to authorize the appointment of additional officers of the navy," approved December twenty-fourth, eighteen hundred and sixty-one. The Congress of the Confederate States of America do enact, That the President is authorized to appoint officers of the regular navy, to any to any higher grade higher grade under the act above mentioned, without prejudice to their without prejudice position under their original appointment. to their position under original ap pointment. APPROVED January 16, 1862. 1862, Jan. 18. Temporary gov tablished. CHAP. XLIV.-An Act to organize the Territory of Arizona. The Congress of the Confederate States of America do enact, That ernment for Terri- all that part of the present Territory of New Mexico, included within the tory of Arizona es- following limits, to-wit: Beginning on the Colorado river, at the parallel of north latitude thirty-four degrees, thence with said parallel to the eastern boundary of New Mexico; thence south with said boundary until it intersects the line of Texas; and thence with said line to the Rio Grande, and so on to the line of Mexico, on said river, as fixed by the treaty of eighteen hundred and fifty-four; thence with the boundary line established by said treaty between the late United States and Mexico to the Colorado river, thence up the Colorado to the place of beginning, be, and the same is hereby, created into a temporary government, by the Power to divide name of the Territory of Arizona; and nothing in this act shall be so conaid Territory re- strued as to inhibit the Government of the Confederate States from dividing said Territory into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the Confederate Institution of States; and the institution of slavery in said Territory shall receive all slavery in the Ter- necessary protection, both from the Territorial Legislature and the Conritory to receive necessary protec-gress of the Confederate States: Provided, also, That nothing in this act contained shall be construed to impair the rights of persons or property Proviso as to In- now pertaining to the Pimos and Maricopas Indians on the Gila river, or dians in said Ter- the right or claim of the Confederate States to the remainder of the Ter ritory of New Mexico, or to any other territory north of the line of thirtyfour degrees north latitude. served. tion. ritory. The executive SEC. 2. And be it further enacted, That the Executive power and power to be vested authority in and over said Territory of Arizona, shall be vested in a Govin a Governor; his ernor, who shall hold his office for six years, and until his successor shall tenure of se be duly appointed and qualified, unless sooner removed by the President powers, duties and emoluments. of the Confederate States. The Governor shall reside within said Terri tory, at the seat of government, and shall be commander in-chief of the militia thereof; he may grant pardons and respites for offences against the the laws of said Territory, and reprieves for offences against the laws of the Confederate States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed. SEC. 3. And be it further enacted, That there shall be a Secretary of Secretary; his said Territory, who shall reside therein, and hold his office for six powers and duties. years, unless sooner removed by the President of the Confederate States; he shall record and preserve all the laws and proceedings of the Legislature hereinafter constituted, and all the acts and proceedings of the Governor in his Executive Department; he shall transmit one copy of the laws and journals of the Legislature within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July, in each year, to the President of the Confederate States, and four copies of the laws to the Vice-President, to be deposited in the libraries of Congress; and in case In case of death, of the death, removal, resignation, or absence of the Governor from the resignation, or reTerritory, the Secretary shall be, and he is hereby, authorized and required moval of Governor, to execute and perform all the powers and duties of the Governor during act as Governor. such vacancy or absence, or until another Governor shall be duly appointed to fill such vacancy. the Secretary to sembly to consist of a Council and SEC. 4. And be it further enacted, That the Legislative power and Legislative powauthority of said Territory shall be vested in the Governor and a Legisla. er; in whom vested. tive Assembly. The Legislature shall consist of a Council and House of Legislative As Representatives. The Council shall consist of thirteen members, having the qualification of voters, as hereinafter prescribed, whose term of office House of Represhall continue two years. The House of Representatives shall, at its first sentatives; how session, consist of thirteen members, possessing the same qualifications as composed. prescribed for members of the Council, and whose term of office shall continue one year. The number of Representatives may be increased by the Legislature, from time to time, in proportion to the increase of the qualified voters: Provided, That the whole number shall never exceed thirty-nine. An apportionment shall be made, as nearly equal as practi- Apportionment cable, among the several counties or districts, for the election of the for the election of Council and Representatives, giving to each section of the Territory repre- lative Council. sentation in the ratio of its qualified voters, as nearly as may be. And Members of the the members of the Council and of the House of Representatives shall Council and House reside in, and be inhabitants of, the district or county, or counties for tives; where to reof Representawhich they may be elected respectively. The said apportionment shall be side. based upon the census report of New Mexico for the year 1860, made by direction of the late United States. Proviso. members of Legis Basis of apportionment. Governor to re for members of Time, place and SEC. 5. And be it further enacted, That the Governor shall regulate the first election which shall be held for members of the Council and House of gulate first election Representatives. The first election shall be held at such time and places, Council and House and be conducted in such manner, both as to persons who shall superin- of Representa tend such election and the returns thereof, as the Governor shall appoint tives. and direct, and he shall, at the same time, declare the number of members manner of holding of the Council and House of Representatives to which each of the coun- elections.. ties or districts shall be entitled under this act. The persons having the highest number of legal votes in each of the election districts for members of the Council, shall be declared by him to be duly elected to the Council, and the persons having the highest number of legal votes for the House of Representatives, shall be declared by him to be duly elected members of said House; and the Governor, thereupon, shall give to the respective members of the Council and the House, so declared, certificates of election, under his official signature. In any case, where it shall be declared, election. in the first election, that the people have failed to elect, another election Another election shall be ordered, and if any vacancy occurs during the session of the first ordered where Legislature, another election shall likewise be ordered by the Governor, elect, or to fill under the same rules, to fill such vacancy; but the first Legislature shall vacancy. Certificate of there is a failure to provide, by law, for all failures to elect, or vacancies which may occur thereafter. And it is hereby provided that no session shall exceed fifty Term of sessions days except the first session, which may continue seventy days. And it is further provided, that all legislative proceedings shall be conducted in the be in the Eglish English language. limited. Proceedings to language. SEC. 6. And be it further enacted, That every free white male inhabitant Qualifications of above the age of twenty one years, who shall be an actual resident of said Territory, and shall possess the qualifications hereinafter prescribed shall be entitled to a vote at the first election, and shall be eligible to any office in the said Territory; but the qualifications of voters and of holding office No person be-thall be exercised only by citizens of the Confederate States: And provided longing to the further, That no officer, soldier, seaman or marine, or other person in the Fota in said Terri- army or navy of the Confederate States, or attached to troops in the tory, not being a service of the Confederate States, not being a citizen of said Territory, citizen thereof. shall be allowed to vote or hold office in said Territory. army or navy to Extent of legis Jative power. SEC. 7. And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the Confederate States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the Confederate States; nor shall the lands or other property of non-residents be taxed Power of the higher than the lands or other property of residents Every bill which Council and Hease shall have passed the Council and House of Representatives of the said of Representa Territory, shall, before it become a law, be presented to the Governor of ernor in enacting the Territory; if he approve, he shall sign it; but if not, he shall return laws, and proceed-it, with his objections, to the House in which it originated, who shall ings therein. tives, a d the Gov enter the objections at large on their journal, and proceed to reconsider it. If, after such consideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be considered, and, if approved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays, to be entered on the journal of each House respectively. If any bill shall not be returned by the Governor within six days (Sunday excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevent its return, in Governor not to which case it shall not be a law: Provided always, That the Governor exercise veto in shall not exercise the veto in cases hereinafter expressly reserved or denied certain cases. by this act: Provided further, That the Congress of the Confederate States change or anuu may, at any time, change, modify, or annul any law that may be passed laws passed by the by the Legislative Assembly, but no change or annulling of the same shall Legislative As affect or disturb any rights acquired previous to the making of such change Bembly. or alteration. And provided further. That said Congress may, at any time any laws for the during the existence of said Territorial Government, originate and pass for people of said Ter the people of said Territory any law which Congress may deem expedient or necessary and proper. Congress may And may pass ritory. County officers. Appointment of SEC. 8. And be it further enacted That all territorial and county Territoral and officers not herein otherwise provided for, shall be appointed by the Governor, and they shall hold their offices until they are filled by persona appointed or elected conformably to such law as the Legislature shall Governor to lay enact in rela ion thereto. The Governor shall lay off, for the first election, off election dis-the election districts for the members of the council and House of Repre tricts. sentatives, where deemed necessary: Provided, always, That after the Proviso. first session, the Legislature shall exercise the sole power of laying off all election districts. Restriction on SEC. 9. And be it further enacted, That no member of the Legislature members of Legis- shall hold or be appointed to any office which shall have been created, or office. the salary or emoluments of which shall have been increased while he was lative Assembly as a member, during the term for which he was elected, and for one year after to appointments to the expiration of such term; but this restriction shall not be applicable to members of the first Legislature; and no person holding a commission or appointment in the military service of the Confederate States shall be a member of the Legislature, or hold any civil office under the government of said Territory. Judicial power, viz: Supreme court. SEC. 10. And be it further enacted, That the Judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually. They shall appoint a clerk, who shall hold his office during their pleasure, and who shall receive such fees in all cases clerk. in said court, as the clerk of the supreme court of the Territory of New Mexico is now entitled to by law; and they shall hold their offices during Tem of office of the period of six years, and until their successors are duly appointed and judges of supreme qualified. The said Territory shall be divided into three judicial districts, court. May appoint its and a district court shall be held in each of said districts by one of the District courts. justices of the supreme court at such times and place as may be prescribed by law; and the said judges shall, after their appointments, respectively reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and justices of the peace shall be as limited by Each district Writs of error, of the Confederats law: Provided, That justices of the peace shall not have jurisdiction of Justices of the any matter in controversy, when the title or boundaries of land may be in peace. dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts respectively shall possess Courts possess chancery as well as common law jurisdiction. Each district court, or the chancery as well judge thereof, shall appoint its clerk, who shall hold his office at the 8 common law pleasure of the court for which he shall have been appointed, and who shall jurisdiction. also be the register in chancery, and shall keep his office at the place where court to appoint the court may be held. Writs of error, bills of exception and appeals its clerk. Writs of error, shall be allowed in all cases from the final decision of said district courts &c., to be allowed to the supreme court, under such regulations as may be prescribed by law, from decisions of but in no case removed to the supreme court shall trial by jury be allowed district courts to in said court. Writs of error and appeals from the final decision of said supreme court. supreme court shall be allowed, and may be taken to the supreme court of &c., from decisions the Confe lerate States in the same manner and under the saine regulations of supreme court as from district courts of the Confederate States, when the value of the to supreme court property or the amount in controversy to be ascertained by the oath or States. affirmation of either party or other competent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves the said writs of error or appeals shall be allowed and decided by specting cases inthe said supreme court without regard to the value of the matter, property volving title to or title in controversy; and except, also, that a writ of error or appeal shall also be allowed to the supreme court of the Confederate States from the decision of said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom; And the quesand each of the said district courts shall have and exercise the same juris tion of personal diction in all cases arising under the constitution and laws of the Confed- freedom. Extent of jurieerate States as is vested in the circuit and district courts of the Confederate diction of distriot States; and the said supreme and district courts of said Territory and the courts. respective judges thereof shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the supreme court of the Confederate States; and the first six days of every term of said Days appropria Provision re slaves, Writs of habeas согрив. |